Just a question I'm wondering about now that I've been given full custody. What happens in the case of my death? Does my ex get automatic custody if he wants it?
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Yes. If there is a biological parent who is willing to care for the children, then that parent would be awarded automatic custody.
Be careful how you leave your estate and life insurance proceeds in your will. One would hate to think that a person would seek custody to get their hands on a life insurance policy, but it can happen.
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You can designate who you want to have custody in your will.... and you can have someone appointed as a legal guardian...then, if you die, that person should be directed to fight for custody in family court.
It will be up to the Judge to determine the remaining parents' ability... every situation is different.
Anyone, at any time can make a petition for custody of a minor... and the 'best interest' consideration is applied... and living with a parent is usually considered 'best'.
Unless your ex poses a very serious risk to the children, (i.e. previous sex offender convictions, severe & proven child abuse/neglect), he/she will most likely get custody.
Like I said before, make sure you estate and life insurance policies are set up to that your ex wont be further enticed to seek custody based on financial winfalls.
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